SB0096, As Passed House, Sep, 7, 2016

SUBSTITUTE FOR

SENATE BILL NO. 96

     A bill to amend 1927 PA 175, entitled

"The code of criminal procedure,"

by amending section 11 of chapter III (MCL 763.11), as added by

2012 PA 479.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER III

     Sec. 11. (1) The Michigan commission on law enforcement

standards created under section 3 of the Michigan commission on law

enforcement standards act, 1965 PA 203, MCL 28.603, shall set

quality standards for the audiovisual recording of statements under

section 8 of this chapter and standards for geographic

accessibility of equipment in the state. The commission shall also

conduct an assessment of the initial cost necessary for law

enforcement agencies to purchase audiovisual recording equipment.

The first assessment shall be conducted within 120 days after the

effective date of the amendatory act that added this section. By

July 26, 2012. The Michigan commission on law enforcement standards

shall conduct subsequent assessments regarding the necessary costs

of purchasing, upgrading, or replacing the equipment every 2 years.

     (2) The Michigan commission on law enforcement standards shall

recommend to the legislature each year an annual appropriation

amount to be determined by the commission's assessment performed

under this section. The legislature shall annually appropriate

funds to the Michigan commission on law enforcement standards for

distribution to law enforcement agencies throughout the state to

allow the agencies to purchase audiovisual recording equipment for

purposes of this chapter. Any funds appropriated for this purpose

shall be in addition to the appropriations provided to the Michigan

commission on law enforcement standards and the department of state

police in the immediately preceding fiscal year and shall not be

appropriated from the Michigan justice training fund created in

section 5 of 1982 PA 302, MCL 18.425, 18.421 to 18.430, or the

department of state police budget.

     (3) Except as otherwise provided in subsection (4), law

enforcement agencies shall implement sections 7 to 10 of this

chapter and this section within 120 days after receiving funds

under this section from the Michigan commission on law enforcement

standards or acquiring access to audiovisual recording equipment as

directed by the standards set forth by that commission.

     (4) Notwithstanding subsection (3), a law enforcement agency

shall comply with the provisions of the amendatory act that added

this subsection within 60 days after the date the commission adopts

the standards for audiovisual recording equipment required by this

section if the law enforcement agency has audiovisual recording

equipment that complies with those standards on that date, or

within 60 days after the date the law enforcement agency

subsequently obtains audiovisual recording equipment that complies

with the adopted standards.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.

     Enacting section 2. This amendatory act does not take effect

unless Senate Bill No. 92 of the 98th Legislature is enacted into

law.